EMPLOYMENT: ANTI-DISCRIMINATION AGENCIES.
Established by national or local governments with a view to eliminating discrimination based on any ground such as race, sex, language, or religion, the role and functions of such agencies are described in the Secretary-General's report entitled National Institutions for the Protection and Promotion of Human Rights (UN Doc. E/CN.4/1987/37), prepared at the request of the General Assembly (resolution 40/ 123), in the following terms (para. 91-98):
The importance of fair labour practices and the availability of adequate redress for discrimination in the area of employment has been generally recognized throughout the world as an essential part of any comprehensive human rights protection programme. While Governments frequently include Ministers of Labour in their cabinets to deal with the many issues and problems which characterize the area of employment, an ever-increasing number of States consider that resources of a local and specialized nature are required to address the needs and demands of workers adequately. For instance, labour courts and tribunals, which conciliate, mediate and adjudicate disputes arising under labour agreements, or between workers' unions and employers, have been established in many countries.
States have also created administrative commissions or agencies, responsible for addressing specific problems in the labour market that may infringe on the rights of some groups and individuals in the community to equal work for fair and equal compensation and adequate working conditions. These commissions frequently operate under the Ministry of Labour. For example, to assist in eradicating unemployment, the Government of Zimbabwe created the Department of Employment and Employment Promotion, which functions under the Ministry of Labour and Social Services. The primary purpose of this body is to match persons seeking work with existing employment vacancies as quickly as possible, and to work closely with other governmental bodies in an attempt to create productive employment opportunities.
Many of the organizations created by States are established to deal primarily with sexual and racial discrimination in employment. The powers and duties of these commissions and agencies differ from country to country. Sometimes, they exist solely on the national level, but they are often organized on both the national and local level. For instance, in Australia National and Local Employment Discrimination Committees were established in 1973 to deal with cases of discrimination covered by the International Labour Organisation (ILO) Discrimination (Employment and Occupation) Convention (No.111), 1958. Basically, the Australian Employment Discrimination Committees consider questions concerning possible discrimination in the remuneration of employees. The National Committee's primary functions are to:
"... consider allegations of discrimination referred by the State (Local) Committees; consider allegations which involve the Federal Government as an employer and those which are of national significance; to advise the Federal Government on relevant matters of policy; and to develop and promote a community education programme.
The six State (Local)Committees investigate charges of discrimination against employers, and attempt to arrive at amicable settlements through conciliation. The membership of Australia's Employment Discrimination Committees is comprised of representatives of Government, national employers' organizations and the trade-union movement, as well as individuals with special expertise in the problems of employment regarding Aboriginals, migrants and women.
With some modifications, similar powers and duties characterize the United States Equal Employment Opportunity Commission (EEOC) . Established by the Civil Rights Act of 1964, EEOC was created to hear and investigate claims of discrimination in employment practices and procedures. When EEOC receives a complaint, it transfers that complaint to the competent State or local agency, which is required to act on the complaint within 60 days. If no such action takes place, EEOC then takes up the claim, investigates the complaint and attempts to arrive at an amicable settlement. If no settlement can be reached, EEOC is empowered to seize the United States District Court (federal court) for adjudication of the matter. This seizure of the court by EEOC does not preclude the victim in the case from initiating his own judicial action as well. Decisions or rulings by the court constitute legally binding precedents, which affect employment policy throughout the nation. Finally, State and local agencies of EEOC which investigate claims of discrimination in employment, are also empowered to investigate charges of unequal access to public facilities and housing as a result of discrimination.
Some equal employment agencies function as "watch-dogs" to ensure that particular pieces of legislation concerning employment and labour are fully complied with. As an example of such an agency, mention may be made of the Vigilance Committees in India. These Committees were created under the Bonded Labour Systems Abolition Act of 1976. Vigilance Committees are comprised of officials, representatives of the locality, social workers and financial and credit institutions. Their basic functions are to advise the district authorities on the implementation of the Act forbidding the practice of bonded labour; to monitor offences under the Act, and to make recommendations on whether action should be taken regarding these offences. The Committee also defends suits instituted against bonded debts.
Often equal employment commissions and agencies also perform advisory services. As previously stated, the Australian National Employment Discrimination Committee advises the Federal Government on employment and labour policy. Similarly, the Tripartite Advisory Committees in India, comprised of government, employer and employee representatives, were established to advise the Government on the formulation of labour policy and to ensure the implementation of labour laws. The French Supreme Council for Professional Equality Between Men and Women, established in 1983 is also an advisory body. The Supreme Council is consulted by the Government on bills and draft decrees designed to ensure professional equality between men and women, as well as on texts dealing with the particular working conditions of the different sexes. The Council may also make proposals designed to improve professional equality between the sexes.
Equal employment agencies are also required,in most cases, to include activities aimed at promoting equality in the employment area as part of their basic functions. For example, both the Danish Equality Council and the Portuguese Commission on Women's Conditions are charged with promoting equality between the sexes in employment and vocational training. The United States EEOC proposes affirmative action hiring plans to employers and industries for voluntary undertaking. Once employers accept such plans, they become binding. In many countries, however, the promotion of equality in employment is the responsibility of human rights and civil rights commissions.
The role of equal employment commissions in safeguarding the workplace from discrimination is clearly an important factor in protecting the human and civil rights of the individual. Although it is often the responsibility of human rights commissions to address issues concerning discrimination in employment, the existence of widespread discrimination in the field of labour relations seems to corroborate the idea that separate agencies, designed to deal solely with employment and labour issues are needed to protect the individual's right to work in an environment free from discrimination. Moreover, agencies comprised of employers and workers play an important role in advising Governments on the needs of the working community. Discrimination in employment is one of the most pernicious violations of human rights, since it undercuts the very livelihood of the individual and frequently triggers a chain reaction of financial and social circumstances which often expose the individual to further exploitation. Therefore, agencies which can address the problem of discrimination in the workplace exclusively, provide an essential service in the protection of human rights.
SEE ALSO ILO Discrimination (Employment and Occupation) Convention.